Barclaycard - **Penalty Chgs repaid with Compound Int; defaults removed** (probably)

[Andyorch]

Standard guff martin..which I expect you anticipated.....put them to strict proof now that the costs (penalties) are true estimate of the work involved....as we all know its done by software and no manual (human) intervention is required ...see if they are prepared to disclose to a court.

 

Statute of limitations (re over 6 years old) throw their argument back...when was the cause of action triggered to decide the cut off date...from a debtors stance ?

 

Regards

 

Andy

[martin2006]

Statute of limitations (re over 6 years old) throw their argument back...when was the cause of action triggered to decide the cut off date...from a debtors stance ?

 

Not quite sure i understand what your thoughts are here Andy

[Andyorch]

The creditor doesn't set the Limitation period on a debtor...although they may try.

[martin2006]

Ahh i see, it was the debtors stance that threw me, i understand it now

Thanks Andy

[martin2006]

N149a recd PoA to SCT, Sent back N180 to court and solicitors

[martin2006]

Had a letter from Robbers Way saying they will resume collection activity! They are funny. they even sent a financial statement for me to complete, complete with crayon

 

Will write them a little note to say im not playing out

[Old Cogger]

Had a letter from Robbers Way saying they will resume collection activity! They are funny. they even sent a financial statement for me to complete, complete with crayon

 

Will write them a little note to say im not playing out

 

 

Ah! "The Kindergarten News! editions no doubt!?

[martin2006]

After both parties accepting mediation, i thought i would get the ball rolling with a slightly reduced offer to settle.

 

needless to say it was declined and a derisory offer sent in its place, which, incidently was far less than BC themselves offered me way back before i brought the claim.

 

I will be constructing a suitable response of declination.

 

The Solicitors mentioned that i hadn't elaborated on Sempra regarding Interest in restitution and want me to tell them why i will be relying on it? Are they for real, i thought they were solicitors!! Shame on them not knowing such an important case

[slick132]

Hi Martin,

 

They're just testing you on this.

 

You have no need to elaborate on Sempra or anything else before the court hearing.

 

Stick to your guns ............

 

[martin2006]

Yes slick that was my understanding, they are well aware of sempra, or shouldnt be practicing if not. There was no mention of kleinwort tho interestingly, maybe they dont have a problem with the charges being a mistake!

[martin2006]

Mediation was a fail, the solicitors apparently do not have in their remit to deal with adverse CRA data and nor do their client BC, never heard such rubbish but hey ho, to court we go.

 

The offer from BC via their sols was less than BC had offered way before i began litigation.

 

All in all a pretty pointless experience imho

[slick132]

Hi Martin,

 

Like you say, what a load of rubbish they're talking.

 

Onwards and upwards .........

 

[martin2006]

You couldnt have made it up slick.

 

Now as i am able to obtain fee remission it has cost me nothing. Should i lose if we do end up in court then i would be in no worse a position than i was before i started this one.

 

BC sols even offered to pay my court costs that i havent had to pay!!

 

I do wonder what planet theyre on sometimes

[martin2006]

Received N157 Allocation to SCT (Hearing), date set for december 2016.

 

EX160 sent with covering letter and proof of IS.

 

Your move BC!

[slick132]

Hi Martin,

 

Maybe time to test the waters with BC and see if they want to save further costs and use of the court's time and resources by settling at the amount of your claim now that a court date has been set by the court.

 

[martin2006]

Its an option slick, had no contact with either BC or sols for a while now although i wouldn't have expected any from BC anyway.

[martin2006]

I think I'll hang fire for now tho until i have confirmation that the ex160 has been processed correctly, dont want another delay like i had with ccmcc.

[martin2006]

An improved offer has been received but no inclusion of the data removal. Rejected the offer and moving towards court now.

[slick132]

Did you approach them or did they improve the offer without prompting.

[martin2006]

Its been very quiet slick, hadnt heard anything since july when i rejected the offer.

This has come since the hearing date was set a few weeks agi.

[martin2006]

They do keep insisting that the data recorded and default would have happened anyway regardless but i keep reminding them why it is wrong.

 

Need to set about the WS soon

[martin2006]

Almost there, just a tweak needed now and the TO should be good to settle on.

 

WS completed just in case tho!!

[Andyorch]

Almost there, just a tweak needed now and the TO should be good to settle on.

 

WS completed just in case tho!!

 

Let me know if you want anything checked martin.

[martin2006]

Will do Andy, thanks. Should i need to serve the WS it would need to be by mid november so if i do need to serve I'll pop it up for checking over.

[martin2006]

TO amended to an acceptable degree now so you know what happens from here, radio silence will now be maintained.

 

Thanks for everyones input, this one is done.